DISABLED AMERICAN VETER. v. SEC., VETERANS AFFAIRS

Nos. 04-7117, 04-7128.

419 F.3d 1317 (2005)

DISABLED AMERICAN VETERANS, Petitioner, and The American Legion and the National Veterans Legal Services Program Petitioners, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

August 3, 2005.


Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for petitioner Disabled American Veterans. With him on the brief was Donald E. Purcell.

Ana Holmes, Steptoe & Johnson LLP, of Washington, DC, argued for petitioners The American Legion and The National Veterans Legal Services Program. On the brief was Jeffrey E. McFadden. Of counsel on the brief was Barton F. Stichman, National Veterans Legal Services Program, of Washington, DC.

Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director. Of counsel were Mark A. Melnick, Assistant Director, and Cristina C. Ashworth, Attorney. Of counsel on the brief were Michael J. Timiniski, Deputy Assistant General Counsel, and Martin J. Sendek, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MICHEL, Chief Judge, MAYER and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge DYK.

Dissenting opinion filed by Circuit Judge MAYER.

DYK, Circuit Judge.

Disabled American Veterans, the American Legion, and the National Veterans Legal Services Program (collectively "petitioners") petition for review of a regulation promulgated by the Secretary of Veterans Affairs, 38 C.F.R. § 20.901(a). We hold that the regulation is valid and accordingly deny the petition for review.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases